The Court of Appeal of Newfoundland and Labrador recently denied an employers appeal from a grievance arbitration decision holding that it was improper to subject an employee to drug testing, and ordering that employee to be reinstated. The employer in Hibernia Platform Employers Organization v. Communications, Energy and Paperworkers Union was found to have failed to properly assess all relevant legal factors, and their decision to test and terminate an employer was overruled on appeal. The employee tested positive for benzodiazepines and was terminated on the basis that he had violated the drug and alcohol policy. Yet, the employer did not have sufficient information on the drug test and failed to seek an explanation from the employee, among other factors. The decision is guidance to employers navigating the legal principles regarding employee drug testing.
